State Of Gujarat vs Asif Yusuf Ghantiwala (Patel)
2021 Latest Caselaw 996 Guj

        R/SCR.A/574/2021                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 574 of 2021

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                          STATE OF GUJARAT
                                Versus
                    ASIF YUSUF GHANTIWALA (PATEL)
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Appearance:
MS MONALI BHATT, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                           Date : 21/01/2021

                            ORAL ORDER

By way of present application, the applicant­State has prayed

to quash and set aside the order dated 10.11.2020 passed by

learned 5th Additional Sessions Judge, Bharuch in Criminal Revision

Application No.27 of 2020 and permit to detain the vehicle

involved in the commission of the crime and has further prayed to

stay the effect and operation of the order dated 10.11.2020 passed

in Criminal Revision Application No.27 of 2020.

Heard learned APP for the applicant­State.

After having heard learned APP for the applicant­State, it

appears that she has mainly relied upon the provisions of Sections

6A(4) has been substituted for sub­section (4) by the Gujarat

R/SCR.A/574/2021 ORDER

Animal Preservation (Amendment) Act, 2017, sub­section (2) (with

effect from 04.09.2017) previously said sub­section (4) is

prescribed that the vehicle of conventions so seized under sub­

section (3) shall not be released by the order of the Court on bond

or surety before the expiry of six months from the date of such

seizure or till the final judgment of the Court.

Having peculiar facts and circumstances of present case, it

appears that the complaint was registered on 26.01.2020 and

application for releasing the muddamal was dismissed by the

learned 4th Additional Chief Judicial Magistrate, Bharuch on

13.10.2020. Thereafter, Revision Application was preferred by the

present respondent i.e. Criminal Revision Application No.27 of

2020 before the learned District and Sessions Judge, Bharuch,

wherein the learned 5th Additional Sessions Judge, Bharuch was

pleased to allow the application for releasing the muddamal vehicle

with certain conditions by order dated 10.11.2020. As one year has

already passed after seizing the muddamal vehicle in connection

with the impugned complaint and now without entering into the

merits of the issue raised by the applicant­State in the matter, let

order dated 10.11.2020 passed by learned 5th Additional Sessions

Judge, Bharuch in Criminal Revision Application No.27 of 2020 be

R/SCR.A/574/2021 ORDER

continued as there was no bar of sub­section (4) of the Gujarat

Animal Preservation (Amendment) Act, 2017 and accordingly, the

order dated 10.11.2020 passed by learned 5th Additional Sessions

Judge, Bharuch in Criminal Revision Application No.27 of 2020 is

ordered to be confirmed.

With the above observations, present application stands rejected.

(B.N. KARIA, J) rakesh/